Saving Seafood

New York sues NOAA for bigger share of summer flounder quota

October 16, 2019 — The state of New York has filed a federal lawsuit against the National Oceanic and Atmospheric Administration (NOAA) and the National Marine Fisheries Service (NMFS) looking to challenge the 2020-20201 quota allocated in relation to the commercial fluke (summer flounder) fishery.

In the lawsuit, filed Oct. 10 in the US Southern District of New York, Basil Seggos, commissioner of the state’s Department of Environmental Conservation, charges NMFS, NOAA and also the parent US agency, the Department of Commerce, with violating the Magnuson Stevens Act and Administrative Procedures Act.

New York’s lawsuit describes how New York’s annual fluke quota is based on a state-by-state allocation formula that was adopted by NMFS in 1993, using landings data from 1980-1989. In the 1980s, the fluke population had been fished to low levels and was centered south of its present location, the state says. The species’ population has since recovered and migrated northward due, in part, to rising water temperatures from climate change.

Read the full story at Undercurrent News

NEW YORK: Statement from Governor Andrew M. Cuomo on Dismissal of Case Regarding Fluke Quotas

September 3, 2019 — The following was released by The Office of Governor Andrew M. Cuomo (D-NY):

“New York’s commercial fishing industry is a critical driver of our economy that has been held back by outdated federal restrictions for decades. The hardworking men and women of this industry deserve equitable treatment so they can succeed and grow their businesses and continue to boost their local economies.

“New York will continue to challenge this unfair quota and explore every avenue to ensure that New York’s access to summer flounder is consistent with national standards and our state’s fishing industry can continue to thrive.”

Read the full release here

Judge dismisses NY’s lawsuit over commercial fluke quotas

September 3, 2019 — A federal judge has dismissed New York’s lawsuit seeking to challenge the state’s relatively small portion of the East Coast commercial fluke quota as a. congressman called for local fishermen to not comply with the restrictive allotment.

With little fanfare, U.S. District Judge Sandra Feuerstein on July 30 issued an order dismissing the case, allowing the state 10 days to file a notice to reargue its claims by next April. Court records showed no such filing had been made. New York’s original complaint was filed Jan. 14. Gov. Andrew M. Cuomo first threatened to sue over New York’s low quota at an event in Montauk in 2013.

Meanwhile, Rep. Lee Zeldin (R-Shirley) on Friday recommended that New York commercial fishermen go out of compliance with the fluke quota system in what would be a clear signal to Washington of their frustration with the process.

Read the full story at Newsday

More fluke could be coming for Connecticut fishermen

March 20, 2019 — Three members of the state’s Congressional delegation — U.S. Rep. Joe Courtney, D-2nd District, and Sens. Richard Blumenthal and Chris Murphy — have announced that the Mid-Atlantic Fishery Management Council will be recommending changes to the management plan for summer flounder that will dramatically increase the quota for the state’s commercial fishermen.

Fishermen have been fighting for decades to obtain more fish under a system that they call unfair and skewed in favor of fishermen from the mid-Atlantic states.

Courtney, Blumenthal and Murphy had written a letter to MAFMC and the Atlantic States Marine Fisheries Commission, urging the agencies to increase quotas for Connecticut fishermen.

Read the full story at The Day

 

NEWSDAY: New York right to angle for fairer fluke catch

February 5, 2019 — The state’s pursuit of fair quotas for New York’s commercial fluke fishery has been its own white whale story.

The hunt has been futile, and it’s lasted for years. Thankfully, officials have not lost their passion for reeling in a sensible solution. We applaud Attorney General Letitia James and Gov. Andrew M. Cuomo for filing a lawsuit against the federal government demanding more equitable quotas. The evidence is entirely on New York’s side.

The quotas, set by federal regulators in 1993, were based on flawed and incomplete data that underreported the amount of fluke caught by New York’s commercial fishery in the 1980s. The quotas left New York fishers utterly unable to compete with their peers from other states. New York was allotted 7.6 percent of the entire Atlantic Coast fluke catch. Outrageously, Rhode Island was granted 15.7 percent, New Jersey 16.7 percent, Virginia 21.3 percent, and North Carolina 27.4 percent.

Read the full opinion piece at Newsday

New York files suit over low commercial fluke quota

January 15, 2019 — New York State has filed suit against the Trump administration to officially contest the state’s “unfair” share of the federal quota for fluke,  state Attorney General Letitia James and Gov. Andrew M. Cuomo announced Monday.

The suit follows release of December 2018 allocations for fluke that the state said remained disproportionately small and based on “inaccurate and outdated” fishing data, James said in a statement.

Cuomo had first said the state would sue in 2013, but as recently as last year refrained from doing so as it attempted other remedies, including a petition filed with the federal government. “The message is loud and clear: we will fight this unfair quota until New York’s access to summer flounder is consistent with national standards,” Cuomo said in a statement.

Hundreds of  Long Island commercial fluke fishermen have for decades decried New York’s share of the commercial fluke quota, which stands at just 7.6 percent, compared  with 21.3 for Virginia and 27.4 for North Carolina.

Read the full story at Newsday

Fight for New Fluke Quota in New York

October 26, 2018 — For many years, commercial fishermen in New York have complained about the inequities they faced in the numbers­­­ of summer flounder they could land (as well as other popular species), when compared to other states along the East Coast. The fight has gone on for nearly 30 years and continues to this day.

In April, the Mid-Atlantic Fisheries Management Council approved a summer flounder commercial issues draft amendment that rejected a motion by New York representatives to add provisions that would more adequately address the state-by-state quota inequity in the fluke fishery. Once again, the council and Atlantic States Marine Fisheries Commission solicited public comment on the draft amendment, which ended last week. While a decision has yet to be made, it’s very clear that frustration abounds concerning an imbalance between many on land and those who work on the water.

State Assemblyman Fred W. Thiele Jr. has called for two additional options in the summer flounder commercial issues draft amendment — to negotiate new state quota shares of summer flounder and to include a coast-wide quota and management of summer flounder.

“The state-by-state quotas created by the Mid-Atlantic Fisheries Management Council and the Department of Commerce’s National Marine Fisheries Service, pursuant to the Magnuson-Stevens Act, are based upon faulty and incomplete collection data, which discriminate against commercial fishermen in the State of New York,” Mr. Thiele said in an Oct. 15 statement.

Read the full story at The East Hampton Star

 

Have bluefish changed their habits?

September 4, 2018 — A fisherman dragging a burlap sack full of 10-pound bluefish off a party boat following a night of fishing used to be a familiar sight at the Shore.

And it may be again, but the habits of the once-dependable fish seem to have changed, at least in the present.

What is causing them to change their behavior is puzzling fishermen and federal fishery managers who appear to have hit a wall trying to figure out the best way to utilize the fish.

By all indications the numbers of bluefish up and down the East Coast are not scarce, they’re just not where they’re expected to be.

“There’s an abundance of them. They’re just 80 to 100 miles offshore where the longliners can’t keep them off the hook,” said Captain Lenny Elich, who runs the Miss Barnegat Light party boat.

But they’re not the on the Barnegat Ridge, and because of that the Miss Barnegat Light, which used to fish night and day for blues, has resorted to fluke fishing.

Read the full story at the Asbury Park Press

New York clammer gets deferred-prosecution deal in fisheries case

August 16, 2018 — A Northport clammer who was the first Long Islander to challenge at trial charges growing out of the federal government’s ongoing fisheries probe has accepted a deferred-prosecution agreement that could see his case dismissed in a year.

Thomas Kokell, a former commercial trawler-boat captain, was indicted in 2016 on four counts of mail fraud, conspiracy and filing false fishing reports in connection with an alleged scheme to illegally harvest nearly 200,000 pounds of fluke in 2011 and 2012. The fish were valued at nearly $400,000.

Kokell was released Tuesday on his own recognizance after a court appearance in which the deal was approved by a federal judge, according to federal court documents and Kokell’s attorney. He will not enter a plea and the charges will be dismissed, avoiding prison time and fines, if he “avoids future misconduct” over the next year, according to his attorney Peter Smith and court documents.

The company affiliated with his fishing operation, however, will pay a fine of $5,000, according to Smith and the documents. Other fishermen caught up in the federal probe have seen several years of prison time and fines over $900,000.

Read the full story at Newsday

NEW YORK: Fluke Regs Still Problematic

July 27, 2018 –The current two-week closure of the commercial fluke fishery has once again drawn the ire of State Assemblyman Fred W. Thiele, Jr. and State Senator Kenneth P. LaValle, who issued a joint statement last week calling for New York State to keep its promise to its commercial fishermen and immediately bring litigation to strike down the inequitable fluke quotas that continue to put a severe crimp on the economic viability of the state’s commercial industry.

On July 15, New York’s Department of Environmental Conservation announced that the fluke fishery would be closed in state waters until the end of the month and would then reopen with a harvest limit of 50 pounds per day.

In late 2017, Governor Cuomo promised to sue the federal government over the state’s low share of the East Coast fluke fishery. This spring, instead of bringing litigation, the state filed a petition with the United States Department of Commerce protesting the quota. The state has yet to hear back.

“These state-by-state quotas created by the Mid-Atlantic Fisheries Management Council and the U.S. Department of Commerce’s National Marine Fisheries Service, pursuant to the Magnuson-Stevens Act, are based upon faulty and incomplete collection data, which discriminate against commercial fishermen in the State of New York,” Mr. Thiele said in a statement. “As a result of these discriminatory practices, New York’s quota for a number of species of black sea bass, bluefish, scup, and fluke are much lower than would be allocated under a fair non-discriminatory system. New York’s summer flounder quota was less than half of that allocated to Rhode Island, New Jersey, Virginia, and North Carolina.”

Read the full story at The East Hampton Star